defendant cannot complain error (Illinois) · Go Syfert
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defendant cannot complain error in Illinois

23 Illinois opinions name it 2 courts 1946–2022 4 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
People v. Rachelgreen
illappct · 1984 · cited in 5 Illinois opinions naming this issue, 2008–2018
2 sentences

2018App. 3d 600 , 606, 78 Ill.Dec. 840 , 462 N.E.2d 959 (1984) ("It is axiomatic that a defendant cannot complain of error in instructions to which he has acquiesced, induced or invited or which were given at his request * * *."). ¶ 46 Even if we set aside defendant's acquiescence, we find the court's issuance of IPI Criminal No. 3.12 was harmless error.

2018App. 3d 600 , 606, 78 Ill.Dec. 840 , 462 N.E.2d 959 (1984) ("It is axiomatic that a defendant cannot complain of error in instructions to which he has acquiesced, induced or invited or which were given at his request * * *."). ¶ 46 Even if we set aside defendant's acquiescence, we find the court's issuance of IPI Criminal No. 3.12 was harmless error.

35
People v. Montesgreen
illappct · 2020 · cited in 4 Illinois opinions naming this issue, 2021–2022
2 sentences

2022“Under the invited- error doctrine, a defendant cannot complain of error that he or she induced the trial court to make, or to which he or she consented.” People v. Montes, 2020 IL App (2d) 180565, ¶ 45 .

2022Here, where defendant seeks reversal based on his inaction, we cannot allow defendant to benefit from failing to object or offer a limiting instruction. ¶ 43 We note further, “[u]nder the invited-error doctrine, a defendant cannot complain of error that he or she induced the trial court to make, or to which he or she consented.” People v. Montes, 2020 IL App (2d) 180565, ¶ 45 .

14
People v. Johnsongreen
ill · 1991 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019“An error in a jury instruction is harmless if it is demonstrated that the result of the trial would not have been different if the proper instruction had been given.” People v. Johnson, 146 Ill. 2d 109, 137 (1991). ¶ 47 Here, the evidence at trial was heavily weighted against defendant.

2018"An error in a jury instruction is harmless if it is demonstrated that the result of the trial would not have been different if the proper instruction had been given." People v. Johnson , 146 Ill. 2d 109 , 137, 165 Ill.Dec. 682 , 585 N.E.2d 78 (1991). ¶ 47 Here, the evidence at trial was heavily weighted against defendant.

12
People v. Bishopgreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See People v. Montes, 2020 IL App (2d) 180565, ¶ 45 (“Under the invited error doctrine, a defendant cannot complain of error that he or she induced the trial court to make, or to which he or she consented.”). ¶ 60 In sum, even if Alexander’s minimal reference to defendant as the target of the search warrant was error, the alleged error was not of such gravity that it “infected the fundamental fairness of the trial, such that the continuation of the proceeding would defeat the ends of justice.” - 19 - No. 1-18-1664 Bishop, 218 Ill. 2d at 251 .

11
People v. Browngreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013People v. Brown, 172 Ill. 2d 1, 43 (1996).

11
The People v. Myersgreen
ill · 1966 · cited in 1 Illinois opinions naming this issue, 1990–1990
2 sentences

1990See People v. Myers (1966), 35 Ill. 2d 311 , 220 N.E.2d 297 ; People v. Hicks (1981), 101 Ill.

1990See People v. Myers (1966), 35 Ill. 2d 311 , 220 N.E.2d 297 ; People v. Hicks (1981), 101 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
People v. Lawrence green
illappct · 2018
2 sentences

2020People v. Lawrence, 2018 IL App (1st) 161267, ¶ 52 .

2020People v. Lawrence, 2018 IL App (1st) 161267, ¶ 52 .

22020–2020
People v. Benka green
illappct · 1983
2 sentences

1985People v. Benka (1983), 117 Ill.

1985(People v. Burage (1961), 23 Ill. 2d 280, 283 , 178 N.E.2d 389, 391 ; People v. Benka (1983), 117 Ill.

21985–1985
People v. Hicks green
illappct · 1981
1 sentence

1990See People v. Myers (1966), 35 Ill. 2d 311 , 220 N.E.2d 297 ; People v. Hicks (1981), 101 Ill.

11990–1990
People v. Davis green
illappct · 1985
1 sentence

1986(People v. Davis (1985), 140 Ill.

11986–1986
The People v. Burage green
ill · 1961
2 sentences

1985(People v. Burage (1961), 23 Ill. 2d 280, 283 , 178 N.E.2d 389, 391 ; People v. Benka (1983), 117 Ill.

1985(People v. Burage (1961), 23 Ill. 2d 280, 283 , 178 N.E.2d 389, 391 ; People v. Benka (1983), 117 Ill.

11985–1985
The People v. Taylor green
ill · 1967
2 sentences

1984The court there noted that the absence of instructions concerning lesser included offenses may well work to the benefit of the accused, and so a defendant cannot complain of error where no such instruction was requested. ( 36 Ill. 2d 483, 490-91 , 224 N.E.2d 266 .) Further, we believe that the instructions now suggested by defendant would have been inappropriate.

1984The court there noted that the absence of instructions concerning lesser included offenses may well work to the benefit of the accused, and so a defendant cannot complain of error where no such instruction was requested. ( 36 Ill. 2d 483, 490-91 , 224 N.E.2d 266 .) Further, we believe that the instructions now suggested by defendant would have been inappropriate.

11984–1984
People v. Gallardo green
illappct · 1983
1 sentence

1984(People v. Gallardo (1983), 112 Ill.

11984–1984
People v. Harris green
illappct · 1982
1 sentence

1983People v. Harris (1982), 104 Ill.

11983–1983
People v. Pierce green
ill · 1974
1 sentence

1983(See People v. Pierce (1974), 56 Ill. 2d 361, 364 .) Third, the defendant also points to the court’s incorrect statement that the prints were found on “the inside face of the cash register.” The correct response would have been that the prints were found on the “face of the cash register drawer front.” The defendant argues the statement of the trial judge influenced the conclusion of the jury and prejudiced the defendant because the statement suggests the defendant tampered with the cash register.

11983–1983
The PEOPLE v. Riley green
ill · 1964
2 sentences

1979People v. Riley (1964), 31 Ill. 2d 490 , 202 N.E.2d 531 .

1979People v. Riley (1964), 31 Ill. 2d 490 , 202 N.E.2d 531 .

11979–1979
The People v. Booker green
ill · 1941
1 sentence

1946(People v. Booker, 378 Ill. 334 .) It is also the law that a defendant cannot complain of error in an instruction when his own instructions in substance contain the same error.

11946–1946

Where else courts name it

IL 23 (1946–2022) NE 6 (1980–1993) TX 3 (1987–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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